• Division of ancestral property

My father was the only child of his father. Currently the ancestral property is in his name. My father died in March 2000, before amendment of the Hindu Succession Act 1956. We are Two brothers and Two sisters (one unmarried sister). My mother is also alive. How will the property be divided if a partition suit is filed in court? Are my sisters eligible for partition share? My elder brother has built a house of his own without my consent and I'm staying away due to my job. They are not allowing me any share in the newly built house. What shall I do?? Please HELP!
Asked 1 year ago in Property Law from Bidar, Karnataka
Religion: Hindu
1) what basis you say property is ancestral ? 

2) if it is ancestral property and your father died before 2005 daughters would have no share in ancestral property

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
33562 Answers
1854 Consultations

5.0 on 5.0

1) it is self acquired property of grandfather 

2) on his demise your father inherited it and it would not be ancestral property 

3) on father demise you have one fifth share in property 

4) file suit for partition to claim your share in property 
Ajay Sethi
Advocate, Mumbai
33562 Answers
1854 Consultations

5.0 on 5.0

The property is not ancestral if it was inherited by your father from his father. The share of your father has devolved equally on all his heirs i.e widow and children. The share of your sisters is at par with your share, You are free to file a suit for partition to cull out your equal share in the property.
Ashish Davessar
Advocate, Jaipur
20724 Answers
548 Consultations

5.0 on 5.0

My father was the only child of his father. Currently the ancestral property is in his name. My father died in March 2000, before amendment of the Hindu Succession Act 1956. We are Two brothers and Two sisters (one unmarried sister). My mother is also alive. How will the property be divided if a partition suit is filed in court? Are my sisters eligible for partition share? My elder brother has built a house of his own without my consent and I'm staying away due to my job. They are not allowing me any share in the newly built house. What shall I do?? Please HELP!

Firstly this property is not ancestral but belonged to your grandfather which was inherited by your father. 
After inheritance, your father became the absolute owner of the property.  Therefore the property after your father's intestate death devolved equally among all his legal heirs namely you, your siblings and your mother.
Therefore the property shall be divided into five equal shares and each one of you shall be entitled to one such share.
Nobody can deny your share or deprive your rights, if somebody does it, you may file a partition suit and seek separate possession of your share in the property
T Kalaiselvan
Advocate, Vellore
23618 Answers
233 Consultations

5.0 on 5.0

If I file a civil partition suit what will be the probable outcome and what should I do to get my share as a legal heir? Kindly advice.

You can very well file a partition suit and can get your share and separate possession of your share.
Consult a lawyer and file a partition suit and claim 1/5th share in the property.
T Kalaiselvan
Advocate, Vellore
23618 Answers
233 Consultations

5.0 on 5.0

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